What Should I Do If I Was Hit by an Uninsured Driver?

• October 21, 2024
• CLLB Law
• Personal Injury

Being involved a car accident is bad enough, especially if there are injuries and property damage involved, but when the driver who hit you was uninsured, the problems multiply. In both Indiana and Kentucky, driving without valid car insurance can result in hefty fines and license suspension; in the Bluegrass State, it can also lead to jail time. Still, too many drivers get behind the wheel with no coverage to protect themselves and their victims in the case of an accident.

When an at-fault driver lacks auto insurance, you face an additional roadblock to getting the money you need for your damages and injuries. Depending on the circumstances, you have some options. A consultation with an experienced car accident attorney can help determine the best way to pursue compensation.

Options When Hit by an Uninsured Driver

If you were hit by an uninsured driver, your options include collecting from your own insurance policy’s uninsured motorist coverage or filing a lawsuit against the other driver, as follows:

Uninsured Motorist Policy:

If you are a driver in Indiana or Kentucky, you have uninsured motorist (UI) coverage built into your policy unless you specifically opted out (and we hope you didn’t!).  According to the Indiana Department of Insurance, each newly written Indiana auto liability policy must include uninsured and underinsured motorist coverage – unless you reject it in writing. In Kentucky, it is desirable, but not mandatory to maintain uninsured and underinsured motorist insurance.

Uninsured motorist coverage limits mirror those of bodily injury liability. Minimum coverage is $25,000 per person and $50,000 per crash. UI insurance is designed to cover damages that typically would be paid out by the other driver’s policy. If you have this coverage, you have protection in the event you are struck by an at-fault driver who does not have insurance or who fled a hit-and-run accident.

However, just because you have this coverage does not mean you will automatically collect it after a collision. Insurance companies are out for profit and have high-powered lawyers on their side. They are notorious for delaying, denying, and minimizing claims in order to save themselves money. Often, they will make an offer for less than your case is worth, one that doesn’t cover the costs of your accident.

If insurance isn’t paying what they should, the chances are that your car accident attorney will have to build your case and attempt to reach a settlement that’s favorable to you by showing the following:

• The driver who struck you was negligent/at fault for the crash;
• Neither the driver nor the automobile had auto insurance coverage or sufficient coverage to cover your losses, or the driver took off and you were unable to identify the driver; and
• You suffered damages as a result of the crash.

If it is found that your insurance claims adjusters wrongly issued denials or otherwise engaged in “bad faith” practices, your attorney can pursue a claim against your insurance company. If it is determined that the insurance company denied your claim in bad faith, you may receive additional punitive damages from the insurer on top of what you were originally owed through your claim.

Filing a Lawsuit

If you are injured in a car accident, the best way to recover compensation is generally to identify the party responsible for causing the accident and then file a lawsuit against them. Under the law, a driver who is responsible for causing harm to others because of their negligence is liable even if they do not have insurance coverage to help pay for the consequences. If your case is successful, the negligent party, the defendant in the case, will owe you the damages you are awarded out of pocket.

If the uninsured driver has assets, your attorney may be able to get a judgment to seize them to pay for your damages. Damages may include your monetary costs, such as medical and rehabilitation bills, lost wages, and property damage, as well as noneconomic damages such as physical and emotional pain and suffering. Unfortunately, it is common that many uninsured drivers lack the means to compensate car accident injury victims without the benefits of insurance. Still, with so much at stake, your lawyer may be able to investigate the situation and find ways of recovering your damages.

What Should I Do at the Scene of the Accident?

You’ve gotten over the initial shock of impact, checked yourself and passengers for obvious injuries, found your insurance card, and gotten out of the car to speak with the other driver. You ask for their insurance information and get the unwelcome news that they have none. So what now?

• Ask for the other party’s personal information — name, phone number, address. It’s also a good idea to collect the contact info of any potential witnesses.
• Call the police. This is important in any accident, but especially so if an uninsured driver is involved. Write down the responding officer’s name and badge number.
• Record the other car’s model, make, color, and license plate.
• Take photos of the accident scene and the damage to both cars.
• Note crash details: time, location, etc.
• Contact an experienced car accident lawyer as soon as possible.

Uninsured drivers panicked about facing legal repercussions may try to pay you off on the spot. Whatever you do, don’t accept this money. It’s just too early to know your total expenses.

If you’ve been in an accident involving an uninsured driver, you need an experienced Indiana and Kentucky car accident lawyer to build your case and negotiate a settlement that’s favorable to you. Call the skilled personal injury attorneys at Church, Langdon, Lopp, Banet Law today. We offer free consultations, so you have nothing to lose.

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